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- Title
DIFERENÇAS ENTRE A JUSTIÇA RESTAURATIVA E A JUSTIÇA RETRIBUTIVA.
- Authors
Mata de Carvalho, Robson Augusto; Moraes Alves, Bruno
- Abstract
This article analyzes the differences and similarities between the retributive and restorative models of justice, from the perspective of Howard Zehr. The models have different foundations and consequences. For the Criminal Justice, crime is a violation of legal norms, a violation against the State. The justice system fulfills the role of determining guilt and imposing punishment in the context of dispute between the offender and the State, defined by procedural rules. Dialogue between victim and offender is considered irrelevant. For Restorative Justice, crime is a violation of people and relationships. As such, crime creates an obligation to correct wrongs. Furthermore, the article discusses the effectiveness of punishment, in the light of other authors in the restorative literature.
- Subjects
LEGAL norms; RESTORATIVE justice; JUSTICE administration; LEX talionis; CRIME
- Publication
Revista Foco (Interdisciplinary Studies Journal), 2023, Vol 16, Issue 1, p1
- ISSN
1981-223X
- Publication type
Article
- DOI
10.54751/revistafoco.v16n1-004